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Templates
Resource
Domain Name Registration Agreement |
This
Templates Resource Domain Name
Registration Agreement ("Agreement")
is by and between Templates Resource
("Templates Resource")
a/an individual and You, Your
heirs, agents, successors and
assigns ("You"), and
is made effective as of the date
of electronic execution. This
Agreement sets forth the terms
and conditions of Your use of
Templates Resource's Domain Name
Registration and represents the
entire agreement between You
and Templates Resource. By participating
in this transaction, You acknowledge
that You have read, understand
and agree to be bound by all
the terms and conditions of this
Agreement, including our dispute
policy and the ICANN
Transfer Dispute Resolution Policy along
with any new, different or additional
terms, conditions or policies,
including the Universal Terms
of Service which Templates Resource
may establish from time to time.
Such Agreements may be found here.
In addition
to transactions entered into
by You on Your behalf, You also
agree to be bound by the terms
of this agreement for transactions
entered into on Your behalf by
anyone acting as Your Agent,
and transactions entered into
by anyone who uses the account
You've established with Templates
Resource, whether or not the
transactions were in Your behalf.
You acknowledge that Templates
Resource's acceptance of any
application made by You for services
provided by Templates Resource
will take place at the Internet
Corporation for Assigned Names
and Numbers ("ICANN")
accredited registrar's offices
located in Scottsdale, Arizona,
USA.
You acknowledge
that Templates Resource or its
licensor is a registrar bound
by an agreement between Templates
Resource or its licensor and
ICANN. You agree that Templates
Resource or its licensor may
modify this agreement in order
to comply with applicable law
and the terms and conditions
set forth by the ICANN and/or
the Registry Administrator chosen
by ICANN, as well as any registration
rules or policies that may be
published from time to time by
Templates Resource or its licensor. |
1. fees |
In consideration
for the services and products
("service") purchased
by You and provided to You by
Templates Resource, You agree
to pay Templates Resource at
the time service is provided.
Payment is to be made by You
by providing either a valid credit
card, an online check, or using "Good
As Gold" to establish
a cash reserve for charge by
Templates Resource (collectively,
the "Payment Method").
Personal checks and money orders
may only be used only to fund "Good
As Gold" (GAG) accounts,
must be for payments of $100
or more, and issued in U.S. dollars
for the full amount required
at that time. Personal checks
under $1,000 are subject to the
same processing fees as wire
transfers. All personal checks
will be delayed fourteen (14)
days until the money is credited,
which may delay Your usage of
the product or service, and any
check that bounces will result
in a $25 bounced check fee. If
You purchase an automatically
renewing service or product by
personal check, it is Your responsibility
to make payment arrangements
for each renewal payment. You
understand that ICANN requires
Templates Resource to collect
a small registration fee when
you purchase your domain name
registration. You agree to pay
such fees. Payments are non-refundable.
If for any reason Templates Resource is
unable to charge Your Payment
Method for the full amount owed
Templates Resource for the service
provided, or if Templates Resource
is charged a penalty for any
fee it previously charged to
your Payment Method, You agree
that Templates Resource may pursue
all available remedies in order
to obtain payment. You agree
that among the remedies Templates
Resource may pursue in order
to effect payment, shall include
but will not be limited to, immediate
cancellation without notice to
You of any domain names registered
or renewed on Your behalf. Templates
Resource reserves the right to
charge a reasonable service fee
for administrative tasks outside
the scope of its regular services.
These include, but are not limited
to, customer service issues that
cannot be handled over email
but require personal service,
and disputes that require legal
services. These charges will
be billed to the Payment Method
we have on file for You. You
may change your Payment Method
at any time by logging into Your Account
Manager.
Domain
Name Renewals
When You register
a domain name, You have the option
to elect that the domain name
be automatically renewed upon
reaching the expiration date.
If You elect the automatic renewal
option, Templates Resource will
automatically renew, for a period
equivalent to the length of your
original registration, any domain
name that is up for renewal and
will take payment from the Payment
Method You have on file with
Templates Resource, at Templates
Resource's then current rates.
Thus, if you have chosen to register
your domain name for one year,
Templates Resource will automatically
renew it for one year. If you
have chosen to register your
domain name for two years, Templates
Resource will automatically renew
it for two years, and so on.
Domain name renewals will be
non refundable. If for any reason
Templates Resource is not able to
take the payment from the Payment
Method You have on file, and
You fail to respond to our notices,
Your domain name registration
will expire. It is Your responsibility
to keep Your Payment Method information
current, which includes the expiration
date if you are using a credit
card. If You do not elect that
the domain name be automatically
renewed, You have the responsibility
of logging into Your account
manager for that domain name
and manually implementing the
renewal by the expiration date
(should You in fact want the
domain name to be renewed). In
this case, if You fail to manually
implement the renewal in a timely
fashion the domain name will
be cancelled and You will no
longer have use of that name.
You agree that Templates Resource
will not be responsible for cancelled
domain names that You fail to renew,
either automatically or manually.
In any case, if You fail to renew
Your domain name in a timely
fashion, additional charges may
apply. If You signed up for domain
masking, domain forwarding, or
any other similar service, with
Your domain registration, these
services may be automatically
renewed when Your domain registration
is up for renewal, and You may
incur an additional renewal fee
unless You cancel in advance.
If you fail
to renew your domain name, you
agree that Templates Resource
may, at its sole discretion,
renew your expired domain name
on your behalf. If Templates
Resource decides to renew your
expired domain name on your behalf
you will have a Renewal Grace
Period during which you may reimburse
Templates Resource for the renewal
and keep your domain name. The
Renewal Grace Period is currently
12 days but subject to change
under the terms of Section 2
of this Agreement. If you do
not reimburse Templates Resource
for the renewal during the Renewal
Grace Period your domain name
will be placed on Hold and flagged
for deletion after which you
will have a 30 day redemption
period during which you may pay
Templates Resource a Redemption
fee and redeem your domain name.
The Redemption fee is currently $80
USD and is subject to change
under the terms of Section 2
of this agreement. If you do
not redeem your domain name prior
to the end of the 30 day redemption
period Templates Resource may,
at its sole discretion, delete
your domain name or transfer
it to another registrant on your
behalf.
If your domain
is deleted, the Registry also
provides a 30 day Redemption
Grace Period during which you
may pay Templates Resource a
redemption fee and redeem your
domain name. The redemption fee
is currently $80 USD and is subject
to change under the terms of
Section 2 of this agreement.
If you do not redeem your domain
name prior to the end of the
Registrys Redemption Grace Period
the Registry will release your
name and it will become available
for registration on a first-come-first-served
basis. |
2. term of agreement; modifications |
The term
of this agreement shall continue
in full force and effect as long
as You have any domain name registered
through Templates Resource. You
agree that You will not transfer
any domain name registered through
Templates Resource to another
domain name registrar during
the first sixty (60) days from
its initial registration date.
You further agree that Templates
Resource may charge You a small
fee if You cancel Your domain
within the five (5) day grace
period after registering Your
domain with Templates Resource
and Templates Resource refunds
the price of Your domain. Templates
Resource will not charge You
a fee if Templates Resource cancels
Your domain name during this
period because of fraud.
You agree that
Templates Resource may modify
this agreement from time to time.
Templates Resource may also discontinue
services it provides under this
agreement. You agree to be bound
by any changes Templates Resource
may reasonably make to this agreement
when such changes become effective.
Should You elect to cancel Your
agreement with Templates Resource
You will not receive a refund
for any fees You may have paid
to Templates Resource.
You agree that
Templates Resource shall not
be bound by any representations
made by third parties who You
may use to purchase services
from Templates Resource, and
that any statements of a general
nature, which may be posted on
Templates Resource's web site
or be contained in Templates
Resource's promotional materials,
will not bind Templates Resource. |
3. up to date information; use
of information and expiration |
You agree
to notify Templates Resource
within five (5) business days
when any of the information You
provided as part of the application
and/or registration process changes.
It is Your responsibility to
keep this information in a current
and accurate status. Failure
by You, for whatever reason,
to provide Templates Resource
with accurate and reliable information
on an initial and continual basis,
shall be considered to be a material
breach of this agreement. Failure
by You, for whatever reason,
to respond within five (5) business
days to any inquiries made by
Templates Resource to determine
the validity of information provided
by You, shall also be considered
to be a material breach of this
agreement. You agree to retain
a copy for Your record of the
receipt for purchase of Your
domain name.
You agree that
for each domain name registered
by You, the following contact
data is required: postal address,
email address, telephone number,
and if available, a facsimile
number for the registered name
holder and, if different from
the registered name holder, the
same contact information for,
a technical contact, an administrative
contact and a billing contact
You acknowledge
and agree that domain name registration
requires that this contact information,
in whole or in part, be shared
with the registry operator. As
required by ICANN, this information
must also be made publicly available
by means of Whois, and that the
registry operator may also be
required to make this information
publicly available by Whois.
Both Templates Resource and the
registry operator may be required
to archive this information with
a third party escrow service.
You hereby consent and give permission
for all such requirements and
disclosures. Further, You represent
and warrant that, if You are
providing information about a
third party, You have notified
the third party of the disclosure
and the purpose for the disclosure
and You have obtained the third
party's consent to such disclosure.
You agree that
for each domain name registered
by You the following information
will be made publicly available
in the Whois directory as determined
by ICANN Policy and may be sold
in bulk as set forth in the ICANN
agreement:
-
The domain name
-
Your name and postal
address
-
The email address, postal
address, voice and fax
numbers for technical and
administrative contacts
-
The Internet protocol
numbers for the primary
and secondary name servers
-
The corresponding names
of the name servers
-
The original date of
registration and expiration
date
You agree that,
to the extent permitted by ICANN,
Templates Resource may make use
of the publicly available information
You provided during the registration
process. If You engage in the
reselling of domain names You
agree to provide any individuals
whose personal information You've
obtained, information about the
possible uses of their personal
information pursuant to ICANN
policy. You also agree to obtain
consent, and evidence of consent,
from those individuals for such
use of the personal information
they provide. |
4. dispute resolution policy |
You agree
to be bound by our current Dispute
Resolution Policy. This policy
is incorporated herein and made
a part of this agreement. You
can view the Uniform
Domain Name Dispute Resolution
Policy online. You agree
that Templates Resource may from
time to time modify its Dispute
Resolution Policy. Templates
Resource will post any changes
to its Dispute Resolution Policy
at least 30 days before they
become effective. You agree that
by maintaining Your domain name
registrations with Templates
Resource after the updated policy
becomes effective that You agree
to the Dispute Resolution policy
as amended. You agree to review
Templates Resource's web site
periodically to determine if
changes have been made to the
Dispute Resolution Policy. If
You cancel Your agreement with
Templates Resource as a result
of the modified Dispute Resolution
policy no fees will be refunded
to You.
You agree that
if a dispute arises as a result
of one or more domain names You
have registered using Templates
Resource, You will indemnify,
defend and hold Templates Resource
harmless as provided for in this
agreement. You also agree that
if Templates Resource is notified
that a complaint has been filed
with a governmental, administrative
or judicial body, regarding a
domain name registered by You
using Templates Resource, that
Templates Resource, in its sole
discretion, may take whatever
action Templates Resource deems
necessary regarding further modification,
assignment of and/or control
of the domain name deemed necessary
to comply with the actions or
requirements of the governmental,
administrative or judicial body
until such time as the dispute
is settled. In this event You
agree to hold Templates Resource harmless
for any action taken by Templates
Resource. |
5. transfer of domain names;
resale practices |
If You transfer
any domain name You agree to
provide the information required
by, and to abide by, the procedures
and conditions set forth in our Domain
Transfer Agreement . You
may view the latest version of
our Domain Transfer Agreement
online. In order to further protect
Your domain, any domain registered
with Templates Resource or transferred
to Templates Resource shall be
placed on lock status. The domain
must be placed on unlock status
in order to modify any of the
Whois information including the
name servers, or initiate a transfer
of the domain name away from
Templates Resource to a new Registrar.
You may log into Your account
with Templates Resource at any
time after Your domain name has
been successfully transferred
to Templates Resource, and change
the status to unlock.
In the event
You are purchasing a domain name
on behalf of a third party, You
agree to inform any customer
of Yours, who may be acquiring
a domain name through You using
Templates Resource's registration
services, that they are in fact
registering their domain name
through Templates Resource and
that Templates Resource is an
accredited registrar with ICANN.
You agree not to represent that
You are an ICANN accredited registrar
or that You are in any way providing
superior access to the ICANN
Domain Name Registry. You also
agree not to use the ICANN trademark
logo in any of Your promotional
materials including Your web
site.
You agree to
obtain each of Your customers'
acceptances of Templates Resource's
then current Domain Registration
Agreement, and to retain evidence
of their acceptance for a period
of not less than three (3) years.
Should You require that Your
customers accept additional terms
and conditions that are not required
by Templates Resource, You agree
that such additional terms and
conditions shall not conflict
with Templates Resource's Domain
Registration Agreement and the
policies and business procedures
adopted by ICANN.
You agree that
Templates Resource is not lending
You access to its registrar connections
or its registry access, nor will
You be deemed to be a registrar
in Your own right. Furthermore,
You agree You will not attempt
to gain access to Templates Resource's
registrar connections or registry
access. You agree to provide
complete, accurate and current
data for each registrant to be
added to a registry in accordance
with ICANN requirements for inclusion
in the Whois database.
You agree to
provide Your customers with adequate
customer support, and to maintain
contact with them with regard
to providing a medium for them
to communicate changes in the
information they provided as
part of the domain name registration
process. Upon receiving corrected
or updated information You will,
within 5 business days, provide
such information to Templates
Resource so Templates Resource
may update its registration records.
You will retain copies of all
communications between You and
Your customers and will upon
request provide Templates Resource
copies of same. |
6. suspension of services; breach
of agreement |
You agree
that, in addition to other events
set forth in this agreement,
(i) Your ability to use any of
the services provided by Templates
Resource is subject to cancellation
or suspension in the event there
is an unresolved breach of this
agreement and/or suspension or
cancellation is required by any
policy now in effect or adopted
later by ICANN, and (ii) Your
registration of any domain names
shall be subject to suspension,
cancellation or transfer pursuant
to any ICANN adopted specification
or policy, or pursuant to any
Templates Resource procedure
not inconsistent with an ICANN
adopted specification or policy,
(1) to correct mistakes by Templates
Resource or the registry operator
in registering any domain name
or (2) for the resolution of
disputes concerning any domain
name.
You agree that
Your failure to comply completely
with the terms and conditions
of this agreement and any Templates
Resource rule or policy may be
considered by Templates Resource
to be a material breach of this
agreement and that Templates
Resource may provide You with
notice of such breach either
in writing or electronically
(i.e. email). In the event You
do not provide Templates Resource
with material evidence that You
have not breached Your obligations
to Templates Resource within
ten (10) business days, Templates
Resource may terminate its relationship
with You and take any remedial
action available to Templates
Resource under the applicable
laws. Such remedial action may
be implemented without notice
to You and may include, but is
not limited to, canceling the
registration of any of Your domain names
and discontinuing any services
provided by Templates Resource
to You. No fees will be refunded
to You should Your agreement
be cancelled or services be discontinued
because of a breach.
Templates Resource's
failure to act upon or notify
You of any event, which may constitute
a breach, shall not relieve You
from or excuse You of the fact
that You have committed a breach. |
7. restriction of services; right
of refusal |
You agree
not to use the services provided
by Templates Resource, or to
allow or enable others, to use
the services provided by Templates
Resource for the purposes of:
-
The transmission of unsolicited
email (Spam).
-
Repetitive, high volume
inquires into any of the
services provided by Templates
Resource (i.e. domain name
availability, etc.).
If You are hosting Your domain's
domain name servers ("DNS")
on Templates Resource's servers,
or are using our systems to
forward a domain, URL, or otherwise
to a system or site hosted
elsewhere, or if You have your
domain name registered with
Templates Resource, You are
responsible for ensuring that
there is no excessive overloading
on Templates Resource's DNS
systems. You may not use Templates
Resource's servers and Your
domain as a source, intermediary,
reply to address, or destination
address for mail bombs, Internet
packet flooding, packet corruption,
or other abusive attack. Server
hacking or other perpetration
of security breaches is prohibited.
You agree that Templates Resource
reserves the right to deactivate
Your domain name from its DNS
system if Templates Resource
deems it is the recipient of
activities caused by your site
that threaten the stability
of its network.
You agree that
Templates Resource, in its sole
discretion and without liability
to You, may refuse to accept
the registration of any domain
name. Templates Resource also
may in its sole discretion and
without liability to You delete
the registration of any domain
name during the first thirty
(30) days after registration
has taken place. Templates Resource
may also cancel the registration
of a domain name, after thirty
(30) days, if that name is being
used, as determined by Templates
Resource in its sole discretion,
in association with spam or morally
objectionable activities. Morally
objectionable activities will
include, but not be limited to:
activities designed to defame,
embarrass, harm, abuse, threaten,
slander or harass third parties;
activities prohibited by the
laws of the United States and/or foreign
territories in which You conduct
business; activities designed
to encourage unlawful behavior
by others, such as hate crimes,
terrorism and child pornography;
activities that are tortious,
vulgar, obscene, invasive of
the privacy of a third party,
racially, ethnically, or otherwise
objectionable; activities designed
to impersonate the identity of
a third party; and activities
designed to harm or use unethically
minors in any way. In the event
Templates Resource refuses a
registration or deletes an existing
registration during the first
thirty (30) days after registration,
You will receive a refund of
any fees paid to Templates Resource
in connection with the registration
either being canceled or refused.
In the event Templates Resource
deletes the registration of a
domain name being used in association
with spam or morally objectionable
activities, no refund will be
issued. |
8. limitation of liability |
You agree
that Templates Resource's entire
liability to you under this agreement,
and your only remedy, in connection
with any service provided by
Templates Resource, to you under
this agreement, and for any breach
of this agreement by Templates
Resource, shall be limited to
the fees you paid to Templates
Resource for the particular service
in contention. Templates Resource
and its agents and contractors
shall not be liable for any direct,
indirect incidental, special,
or consequential damages resulting
from the use of or inability
to use any of Templates Resource's
services or for the cost of obtaining
substitute services. Because
certain states do not permit
the limitation of elimination
of liability for certain types
of damage, Templates Resource's
liability shall be limited to
the smallest amount permitted
by law. Templates Resource disclaims
any loss or liability resulting
from:
-
access delays or interruptions
to our web site or domain
name registration system
-
data non-delivery or
mis-delivery between You
and Templates Resource
-
events beyond our control
(i.e. acts of God)
-
the loss of registration
or processing of a domain
name or the use of a domain
name
-
the failure for whatever
reason to renew a domain
name registration
-
the unauthorized use
of Your account with Templates
Resource or any of services
provided to You by Templates
Resource
-
errors, omissions or
misstatements
-
deletion of, failure
to store, or failure to
process or act upon email
messages
-
processing of updated
information to Your registration
record
-
development or interruption
of Your web site
-
errors taking place with
regard to the processing
of Your application
-
application of Templates
Resource's Dispute Resolution
Policy
-
any act or omission caused
by You or Your agent (whether
authorized by You or not)
|
9. indemnity |
You agree
to release, defend, indemnify
and hold harmless Templates Resource
and its contractors, agents,
employees, offices, directors,
shareholders and affiliates from
and against any losses, damages
or costs, including reasonable
attorney's fees, resulting from
any claim, action, proceeding
suit or demand arising out of
or related to Your (including
Your agents, affiliates or anyone
using Your account with Templates
Resource whether or not on Your
behalf, and whether or not with
Your permission) use of the services
provided by Templates Resource.
Should Templates Resource be
notified of a pending law suit,
or receive notice of the filing
of a law suit, Templates Resource
may seek a written confirmation
from You concerning Your obligation
to indemnify Templates Resource.
Your failure to provide such a
confirmation may be considered
a breach of this agreement. |
10. representation and warranties |
You warrant
that all information provided
by You as part of the registration
process is complete and accurate.
You also warrant that each registration
You make is being done so in
good faith and that You have
no knowledge of it infringing
upon or conflicting with the
legal rights of a third party
or a third party's registration,
trademark or trade name. You
also warrant that the domain
name being registered will not
be used in connection with any
illegal activity.
You agree that
Templates Resource makes no representations
or warranties or any kind in
connection with this agreement
and specifically makes no guaranty
to You against the possibility
of objection to, or challenge
of, the registration or use of
any domain name You register
with Templates Resource.
Templates Resource
expressly reserves the right
to deny, cancel or transfer any
registration that it deems necessary,
in its discretion, to protect
the integrity and stability of
the registry, to comply with
any applicable laws, government
rules or requirements, requests
of law enforcement, in compliance
with any dispute resolution process,
or to avoid any liability, civil
or criminal, on the part of Templates
Resource, as well as its affiliates,
subsidiaries, officers, directors
and employees. Templates Resource
also reserves the right to freeze
a domain name during resolution
of a dispute. |
11. disclaimer of warranties |
Templates
Resource expressly disclaims
all warranties of any kind, whether
express or implied, including,
but not limited to, the implied
warranties of merchantability,
fitness for a particular purpose
and non-infringement. Templates
Resource makes no warranty that
its service(s) will meet your
requirements, or that the service(s)
will be uninterrupted, timely,
secure, or error free, or that
defects will be corrected. Templates
Resource does not warrant, nor
make any representations regarding
the use, or results of, any of
the services it provides, in
terms of their correctness, accuracy,
reliability, or otherwise. |
12. severability; entirety |
You agree
that the terms of this Agreement
are severable. If any part of
this Agreement is determined
to be unenforceable or invalid,
that part of the agreement will
be interpreted in accordance
with applicable law as closely
as possible, in line with the
original intention of both parties
to the Agreement. The remaining
terms and conditions of the Agreement
will remain in full force and
effect.
You agree that
this agreement including the
policies it refers to (i.e. our
Dispute Resolution Policy, etc.)
constitute the complete and only
agreement between You and Templates
Resource regarding the services
contemplated herein. |
13. venue; waiver of trial by
jury |
This
agreement shall be deemed entered
into in the state of Arizona.
Except for all disputes concerning
the use of a domain name registered
with Templates Resource, the
laws and judicial decisions of
Maricopa county, Arizona, shall
be used to determine the validity,
construction, interpretation
and legal effect of this agreement.
For the adjudication of disputes
concerning or arising from the
use of a domain name registered
with Templates Resource, You
shall submit, without prejudice
to other potential applicable
jurisdictions, to the jurisdiction
of the courts (1) of Your domicile
and (2) where Templates Resource
is located. You agree that any
action relating to or arising
out of this agreement, shall
be brought in the courts of Maricopa
county, Arizona.
You agree to
waive the right to trial by jury
in any proceeding that takes
pace relating to or arising out
of this agreement. |
14. notices |
You agree
that all notices (except for
notices concerning breach of
this agreement) from Templates
Resource to You may be posted
on our web site and will be deemed
delivered within thirty (30)
days after posting. Notices concerning
breach will be sent either to
the email address You have on
file with Templates Resource
or mailed first class postage
to the postal address You have
on file with Templates Resource.
In both cases, delivery shall
be deemed to have been made five
(5) days after the date sent.
Notices from You to Templates
Resource shall be made either
by email, sent to the address
we provide on our web site, or
first class mail to our address
at:
Domain Services C/O Templates
Resource, 14455 North Hayden
Rd., Suite 219, Scottsdale, AZ
85260 Delivery shall be deemed
to have been made by You to Templates
Resource five (5) days after
the date sent. |
15. provisions specific to all
registrations |
You agree
to be bound by the rules, policies,
and agreements of each Registry
from which You purchase a domain
registration, which may include,
but are not limited to, Top Level
Domain Registries and Second
Level Domain Registries. |
16. provisions specific to .COM,
.NET, AND .CC registrations |
Indemnification
You agree to
indemnify, defend and hold harmless
the .COM, .NET, and .CC Registry
Operator, VeriSign, Inc., and
its directors, officers, employees,
agents, and affiliates from and
against any and all claims, damages,
liabilities, costs and expenses,
including reasonable legal fees
and expenses arising out of or
relating to the Registered Name
holder's domain name registration. |
17. provisions specific to .ORG
registrants |
Indemnification
You agree to
indemnify, defend and hold harmless
the .ORG Registry Operator, Public
Interest Registry, and its subcontractors,
shareholders, directors, officers,
employees, agents, and affiliates
from and against any and all
claims, damages, liabilities,
costs and expenses, including
reasonable legal fees and expenses
arising out of or relating to
the Registered Name holder's
domain name registration. This
indemnification requirement shall
survive the termination or expiration
of the registration agreement. |
18. provisions specific to .INFO
registrants |
Indemnification
You agree to
indemnify, defend and hold harmless
the .INFO Registry Operator,
Afilias Limited, and its subcontractors,
shareholders, directors, officers,
employees, agents, and affiliates
from and against any and all
claims, damages, liabilities,
costs and expenses, including
reasonable legal fees and expenses
arising out of or relating to
the Registered Name holder's
domain name registration. This
indemnification requirement shall
survive the termination or expiration
of the registration agreement. |
19. provisions specific to .WS
(WEBSITE) registrations |
Indemnification
You agree to
indemnify, defend and hold harmless
the .WS Registry Operator, Global
Domains International, Inc.,
and its directors, officers,
employees, agents, and affiliates
from and against any and all
claims, damages, liabilities,
costs and expenses, including
reasonable legal fees and expenses
arising out of or relating to
the Registered Name holder's
domain name registration.
You agree to
be bound by any registry rules,
policies, and agreements for
this ccTLD. The registration
policies for this ccTLD are available
online and are incorporated herein. |
20. additional requirements for
.INFO registrants |
If You are
registering a .INFO domain name
You also agree to:
-
consent
to the use, copying, distribution,
publication, modification
and other processing of Registered
Name Holder's Personal Data
by the .info Registry Operator
and its designees and agents;
-
submit
to proceedings commenced
under ICANN's Uniform Domain
Name Dispute Resolution Policy
("UDRP") and the
Sunrise Dispute Resolution
Policy ("SDRP");
-
immediately
correct and update the registration
information for the Registered
Name during the registration
term for the Registered Name;
and
-
acknowledge
that the Registry Operator
will have no liability of
any kind for any loss or
liability resulting from
the proceedings and processes
relating to the Sunrise Period
or the Land Rush Period,
including, without limitation:
(a) the ability or inability
of a registrant to obtain
a Registered Name during
these periods, and (b) the
results of any dispute over
a Sunrise Registration.
|
21. additional requirements for
.BIZ registrants |
If You are
registering a .BIZ domain name
You also agree to:
.BIZ Restrictions
Registrations
in the .BIZ TLD must be used
or intended to be used primarily
for bona fide business or commercial
purposes. For purposes of the
.BIZ Registration Restrictions
("Restrictions"), "bona
fide business or commercial use" shall
mean the bona fide use or bona
fide intent to use the domain
name or any content, software,
materials, graphics or other
information thereon, to permit
Internet users to access one
or more host computers through
the DNS:
-
To exchange
goods, services, or property
of any kind;
-
In the
ordinary course of trade
or business; or
-
To facilitate
(i) the exchange of goods,
services, information,
or property of any kind;
or, (ii) the ordinary course
of trade or business. Registering
a domain name solely for
the purposes of (1) selling,
trading or leasing the
domain name for compensation,
or (2) the unsolicited
offering to sell, trade
or lease the domain name
for compensation shall
not constitute a "bona
fide business or commercial
use" of that domain
name.
.BIZ Certification
As a .BIZ domain
name registrant, You hereby certify
to the best of Your knowledge
that:
-
The registered
domain name will be used
primarily for bona fide
business or commercial
purposes and not (i) exclusively
for personal use; or (ii)
solely for the purposes
of (1) selling, trading
or leasing the domain name
for compensation, or (2)
the unsolicited offering
to sell, trade or lease
the domain name for compensation.
More information on the
.BIZ restrictions, which
are incorporated herein
by reference, are available
online.
-
The domain
name registrant has the
authority to enter into
the registration agreement;
and
-
The registered
domain name is reasonably
related to the registrant's
business or intended commercial
purpose at the time of
registration.
Domain
Name Dispute Policy
If You reserved
or registered a .BIZ domain name
through us, You agree to be bound
by our current domain name dispute
policy that is incorporated herein
and made a part of this Agreement
by reference. Please take the
time to familiarize Yourself
with that policy. In addition,
You hereby acknowledge that You
have read and understood and
agree to be bound by the terms
and conditions of the following
documents, as they may be amended
from time to time, which are
hereby incorporated and made
an integral part of this Agreement:
-
The Uniform
Domain Name Dispute Policy;
-
The Start-up
Trademark Opposition Policy
("STOP"); and
-
The Restrictions
Dispute Resolution Criteria
and Rules.
The STOP sets
forth the terms and conditions
in connection with a dispute
between a registrant of a .BIZ
domain name ("Registrant")
with any third party (other than
Registry Operator or Registrar)
over the registration or use
of a .BIZ domain name registered
by Registrant that is subject
to the Intellectual Property
Claim Service. The Intellectual
Property Claim Service a service
introduced by Registry Operator
to notify a trademark or service
mark holder ("Claimant")
that a second-level domain name
has been registered in which
that Claimant claims intellectual
property rights. In accordance
with the STOP and its associated
Rules, those Claimants will have
the right to challenge registrations
through independent ICANN-accredited
dispute resolution providers.
The UDRP sets
forth the terms and conditions
in connection with a dispute
between a Registrant and any
party other than the Registry
Operator or Registrar over the
registration and use of an Internet
domain name registered by Registrant.
The RDRP sets
forth the terms under which any
allegation that a domain name
is not used primarily for business
or commercial purposes shall
be enforced on a case-by-case,
fact specific basis by an independent
ICANN-accredited dispute provider.
None of the violations of the
Restrictions will be enforced
directly by or through Registry
Operator. Registry Operator will
not review, monitor, or otherwise
verify that any particular domain
name is being used primarily
for business or commercial purposes
or that a domain name is being
used in compliance with the SUDRP
or UDRP processes.
Domain
Name Dispute Policy Modifications
You agree that
we, in our sole discretion, may
modify our dispute policy. We
will post any such revised policy
on our Web site at least thirty
(30) calendar days before it
becomes effective. You agree
that, by maintaining the reservation
or registration of Your domain
name after modifications to the
dispute policy become effective,
You have agreed to these modifications.
You acknowledge that if You do
not agree to any such modification,
You may terminate this Agreement.
We will not refund any fees paid
by You if You terminate Your
Agreement with us.
Domain
Name Disputes
You agree that,
if Your use of our domain name
registration services is challenged
by a third party, You will be
subject to the provisions specified
in our dispute policy in effect
at the time of the dispute. You
agree that in the event a domain
name dispute arises with any
third party, You will indemnify
and hold us harmless pursuant
to the terms and conditions set
forth below in this Agreement.
If we are notified that a complaint
has been filed with a judicial
or administrative body regarding
Your use of our domain name registration
services, You agree not to make
any changes to Your domain name
record without our prior approval.
We may not allow You to make
changes to such domain name record
until (i) we are directed to
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